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Appeal against automatic termination fails
Page 26
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A HAULIER HAS lost his appeal to the Transport Tribunal against the termination of his 0-licence after the Tribunal failed to believe that he had sent a renewal cheque last October.
Patrick Ely, trading as Ely Haulage & Plant Hire of Luton, held a two-vehicle licence. Last September the Eastern Traffic Area Office wrote saying that the annual licence fee of £372 was to be paid by the end of October. It enclosed a check list to be completed and returned, including questions about financial standing. The letter stated that a failure to pay would result in the termination of the licence. No response was received.
On 10 October the Traffic Area Office sent a final reminder. Again no response was received and the licence was terminated.
Appealing against the termination, Ely said he had been on holiday when the first reminder came. He had sent a cheque on 25 October, which was never received and was not cashed.
Dismissing the appeal, the Tri bunal said Ely had failed to produce any evidence in support of his appeal, either to show the annual fee was sent and received by the Traffic Area Office in time, along with the checklist, or that there were exceptional circumstances that would or should have justified the decision that the automatic termination requirements could be disregarded.
If Ely had not already done so, he should submit an application for a new 0-licence, along with all the necessary documentation.